Regular bail sought for an accused in a FIR for IPC offences after the death of the injured person months later. The court granted bail on parity with co-accused already released, without commenting on merits.
Petitioner enlarged on bail on personal bond of Rs.50,000 with two sureties of Rs.25,000 each to the satisfaction of trial Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 350/2024
Khilauni S/o Kishan, Aged About 47 Years, Resident Of Barauli Dhau Police Station Kaman, District Bharatpur (Presently Confined In Sub Jail, Deeg)
----Petitioner
Versus
State Of Rajasthan, Through P P
----Respondent
For Petitioner(s) : Mr. Ankit Khandelwal For Respondent(s) : Mr. Suresh Kumar, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order
12/01/2024
The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Khilauni. The petitioner has been arrested in connection with FIR No.238/2020 registered at Police Station Kaman, District Bharatpur for the offence(s) under Sections 143, 323, 341, 354 and 452 IPC.
Learned counsel for the petitioner submits that the petitioner-Khilauni has been falsely implicated in the present case. It is further submitted that the cross cases were registered between the parties and alleged incident took place on 22.4.2020 whereas Kirodi died after six months of the injuries i.e. on 19.10.2020. It is also argued that cause of death of the deceased is due to malnutrition and secondary infection. It is further submitted that co-accused persons namely Jagmohan, Naresh and Harish have already been enlarged on bail by Co-ordinate Bench
(2 of 3) [CRLMB-350/2024]
of this court and this court has allowed the bail application of other co-accused Vikram vide order dt. 15.6.2023. The case of the present petition is on better footing than other co-accused Naresh and Harish Chand. In the FIR, it is alleged that co-accused Deepak, Sandeep, Naresh and Harish Chand inflicted injuries with deadly weapons to the deceased Kirodi. There is no specific allegation in the FIR against the present petitioner that he caused injuries to the deceased. The petitioner is in judicial custody since 19.12.2023 and the trial of the case will take sufficiently long time. Therefore, the benefit of grant of bail may be granted to the accused-petitioner.
Learned Public Prosecutor vehemently opposes the bail application.
Co-ordinate Bench of this court has enlarged the co-accused Harish Chand, Jagmohan and Deepak Kumar on bail vide orders dt.22.11.2023, 12.6.2023 and 11.12.2023 respectively. Similarly, co-accused Vikarm has been enlarged on bail vide order dt. 15.6.2023 by this court.
Considering the fact that the case of the present petitioner is not distinguishable from the co-accused Vikarm, who has already been enlarged on bail and rather than on better footing in comparison to the other accused Harish Chand who was also enlarged on bail, without commenting anything on the merits/demerits of the case, I deem it just and proper to allow the bail application of the present petitioner-Khilauni.
Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Khilauni S/o Kishan in connection with FIR No.238/2020 registered at Police
[CRLMB-350/2024]
(3 of 3)
Station Kaman, District Bharatpur shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(PRAVEER BHATNAGAR),J
Brijesh 25.
1 issue framed by the court
Whether bail under Section 439 Cr.P.C. should be granted to the petitioner on parity with co-accused already enlarged on bail.
2 provisions across 2 enactments
Khilauni S/o Kishan
State Of Rajasthan, Through P P
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
